Ufr.it TSima HV Wit fl Af DftVT AV
;,T, tmjoui, fix. ..
1 in ddvitnf'.-
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Vol. 12.
RALEIGH, (N. C.) TW&SDAV,: AUGUST f, i8o7
No. 595.
f'c
been caft upon us; infulh!, which
oirenuve ro humanity itlelr. :
The Chief juftice : had hoped that no
fuch al'ufions wbuld have been made,:
The1 govcrmnent ought, to be treated
withrefpe. ' - . ?' .',:'-r;'-
. Mn'Burr had hooeci. when he was M
.in the Cliief julticc vvifiied to know before, that Jhe hod made-fuliicient apo-"
. - .f- Tl'fi'minrftlTihnjt had relat- I Uniit. werft ianv-npr(Tar.' for anv nv.
preuujiis wnicn aau peen uiea ; ana rnat
no all ulloiis would be made to the fuh-
.'TRIAL" OF
(continued.) (
Tuefday, Augufl: it.
Inhn li. upmaw. was m.icu uP ,
1 -L
w" rvf i-n whnt n ream ranees f t
th tnnfaaions in the"weftcrxi !
P.. k 1 . , . .
trp 0. Did your opinions amount
? ? of treafbn I A. My opini
on have changed; ps the i lights ot evi-
fl " t. ,ne mv.firlt iniDreflion, that
Imp u '"j '. . t
lit"-' . i ., . m iMAiir thin
t 'r,ftpmpnt of the Wachita landsrT
nifuppafeJ, that it was hi mtention
J, conquer M"x,co : an-a laCt ofa !' thii5
1; pjans were of a more complicated
nJe- and that the fajripst New
0;lfS wa- to be a ftep towards the m-
Mr.JlVickham. Did you th.nk, Sir,
'(h:tefult of a!l thefe confideraiions,
Aiis. I did.
Mr. cRi-p. , Have you Formed or
deiivercvl an opinion, that he was guilty
othe acl charged in the indictment ?
Anf. No: 1 have ntuher formed ncr.
th'vered iaclian opinion.
Mr. Baker. Ilnvcynuin your part of
.thecouritTyTuppbrted'tne ground that
col. 13. was guhty and have you thus
aryued in cotvverfotion ? '
AnIV Yes; I have fo thought, on the
prc'iimptive evidence ih vr was before
mc 1 and I have not only supported fuch
opinions; but have Rone on to vindit
care the energy of the? meafures that"'
were taken by the government.
Mr. Burr. - Enough, think, lias ap
peared to prove ttut Mr. (J. has taken'
bp deep-rooted pfrjudres agamic me.
Mr. McRue. Have you anV perional
prejmlices at-ainft the-priloner? y-'
Anr. None: I have no prejudices a
p'nlt him, hut from his fuppofed de-,
figns againft his country.
Mr. Burr. . Had .you not taken, up
j)me prejudices againft rae anterior ro
rthtfc rumtivired tranfadions in the well:--
cm ccuntry ?
Anf. I hadiormed imprefilons rarher
'Unfavorable to Tgii, from your ccuJuft
during the pending prefulential election
of iSot : but I had no pofuive evidence
Lfliiihafiuihj was
labended; to make way for a tfeneral
jedl : In jHls own perfon lit had careful
ly' avoided fuch language, though the
profecution had certainly furnilhed him
"with goott realbns for it rand when it
had been lifedby his counfel, it had met
his decided difpleafure. He again re
peated his hope that no allufions would
be niacie-to the pa.'t ; he would anfwer
for it that his own counfel fhuuldfurnifli
no occafion for cenfure.
Mr. Martin declared that it was not
his wifii to hurt any one's feelings ? but
that when he was fo olten interupted k
accufad of a difpofition to waittiine, he
con il not reprefs them. As to the point
before the court, what dees the con
ftiimon moft emphatically require? 1 hat
the jury fhould be impartial ; that they
fiiouid have no imprllion on their mind
to the prejudice of the prifonc; but
that they ihould come here to take all
their imyrdiionsfrom the faflsexhibited not toextend ir, not to add any thing
on evidence and upci oath. To fins j" !iioe, l.jt to throw outol the dilculhon
whHt .h id been accjclcntaity introduced.
1 liar the public; mind was prejudiced a
an apparatus, as if the men wre fring-.
- to 'moot game; but it is the intention
which liamps them a ith a different cha
racter. Men whole minds are made up
' as to ' the intentions, need, .only: have",
proof of certain acts ; and the bufinefs is
done. The conlfitution and common
fenfe both require that a jury mould be
as free from iinprellions as to defigns as
to oyert acls. The. principle is the fame
as in a cafe of Burglary. It is to be la
mented that the public mind is in the
fate, which .gentlemen have defcribed ;
but it is certainly not fo to the' extent
which they havesrepre;entdr The 48
men who are on this pannel, are not an
accurate fpecimen of the whole (late-
And who is it that commenced with
tlufe inflammatory publications? Was
it Colonel Burr's cbuntel? No; it was
the public papers, under the patronage
of the adminiltration. And it was the
gentleman on the other fide who has
contributed tokeep up this fpirit. I
was his zeal; it was he, who was fup
pofed beft acquainted with the evidence
ngainff. him, that pronounced upon his
guilt and prepcirelfe the public mind
again If. him. No man can be looked
upon as imparjiUvho has been prejudi
ced by fuch pulflicaUoiTs.
ivir. ijutj roie to narrow t ne argument
argument on the doctrine of challeng
Mr. Martin f die to proceed with this
lument: Ilejtated, that it was one of
Hie foundeft principles of law, that eve
ry man had a right to be tried by an im
partial jury ; that this rule was as well
applicable in civil as in triminal cafes;
f ut that in criminal ca?es, , it had been
Fiirticufcrly fecured by the conftitution.
; Mr. McRae apologifed for interrupt
ing Mr. Martin ; but begged leave to
cuiuire," whether it would cot be a fay
ini; of time, firjf to know the objections
of all the jurors, and then to hold one
general argument to fettle the principles
would bfe a noli cable to all-s in fte,id
ff thus hoidiris '""an argument on each
. CCClir,. t'-sjf - ' ; jj" y
i fr- Mariirt .: Ami docs I the ,geritlc-
inan, ur, pretend to dive into ourncarr!
f-t lie thus underfhnds whether we rrc
; tookr twelve fepararp arguments ? lie
fir, olceconornyof time And is
;j3th4 way f9IsconorW2e.it, ? ' I -hart: a
peci.rnea-?Whis mode whenTwas he'r'e,
- a former occallqn. Ye, fir, I; well ;
-Ki'iow howthefe geiitlemen would f&ve '
A.'vTTflV. rAT"f fni1Tfl -,n
Mefending km: ihot theyjuight
; J loon as poflible han'r uo "their vkiim
r gratify ihe fWmgi olihegovernmsnt;
i'lr. McRrte'....'V is n moft- tlnprin
ed and un?bi3nde'd alfeilid5; i fay ir
vah?sface.':- -r... 'it- - s :
. V. nave entered into tnis f
uroept, becaufe . we thought it more
Scitt.?:-.tlrepriicip!es'n
cri;.na then to apply thct&la
- v'afi!ar co-ies.
ting Rervs's I liffory of the KnglilK La,W
vol. t, p- 529 and vol. 2, p. 44and-s
Carey's. Englifh Libeuies, p. '245, 248,"
240, to prove the rigid degree of im
partiality required by the laws of Eng
land, thefe authorities would lhow
that a juryman ought to be completely
indifferent to either party ; that he ought
to have neither enmity nor friendihip ;
andthat even a particular familinjity
arid at the fame fable, was fufiicicnt to
difqmlify him. But if a man was to be
diveiied cf ail affection and allrclarion
fliip in a civil cafe, how much more
mould he be in that fituaticn, in a' cafe
of lile and death? It was one of the
moft facrdd maxims of the law too, that
-everv-nian.was ptefumed fo be innocent,
unril there vjjs"fufcrr"evfdenTefo
duced to remove this preemption. Mr.
M. did not underfland this halving and
quartering of prejudices. It wes not
filmlitnt that tlii-- man fhould have one
.fourth of the prepoffehton'of that; or
that he mould be 3-qths or 4-7fhs lefs
prejudiced than another ; - bu t th e law
requires that he fhould be wholly and
perfectly impartial, the conftitution
forbids courts of juftice ever forcing up on
a criminal any juror that is not per
fectly unbiamVd. Gentlemen : may lay-,
indeed5 that we muff either t?.kc fuch
men, or have no triai t al I. But it was
not lb: Jie Ihould contend that tinder
the conflitu fron a man mould not be. tri.
ed and hung becaufe a court.cannot gt
impartial jufymerjto try him. The fpi
rit of that inltrunient declares, that, no
man fhould be fried, until he could be
tried by ?.n. impartial jury. Mr. M. quot
ed 2 Mc Nail y, page 667 to fhow, that a
trial m;yj!efHit off on an affidavit,, if the
publirrnnd is fo prejudiced by publica
tjpns, as to exclude th chance of a fair
tria!. T9" the fame effect-alfotie cited
the cafe of the King ys...th.eI)??n of St
Af;;h ; and the cafe of Brookes and 0-.
Vner, where the trial had .been put olT
Vo another term, becaiife z:i imperfect
ffatment qF part of the evidence had
been given to the pubhc; thaf puhlic,
from which the jury was to Jfe fclected.
gain(l hini w;-s an obvious fa6t ; but
how this prejudice had been produced,
he 1; new not. He h:.d net wiflied this
point to be af all introduced. Certain
analogies had been introduced between
treafon and other crimes. It was his
hope, that the Court-would, for the pre
ient difmi.'s fuch analogies, as they might
he hereafter 'conilrucd into opinions.
It was evident enough rht no juryman
could be impartial whofe mind was made
up as to the intention. In the cafe .of
flaying, for initance, the act might be
differently conitrued. It may be a mur
der : it niay b?, a clergyable felony.
Could a juryman be confidered aa im
partial, that thit'.ks ' .the 'accufed perfuh-
-gui 1 1 yot--a-m u rvl e-ou .ntent?-
the fitiiation of ivirymen inlhe
r prefent eftf? They-are to dctermine up-
,on trie iuDjcrct matter growing out. or
TTaTtcrpnTTttfr
: Itic frgentlemen may fay that they are
jfni?i fact of Col. B5ltreafn'sbtrpc
Mr. McRae flared that it had never
been his vi!h in this controverfy before
the court, o wander from the way, in
oder. to defend a government,' that
needs no defence; or to give an unne
ceilary wound to the bofom of the pri
Toner lie ; lad nwfl-iiudioufly-avoideiL
ro excite rh.; refentment or dilfiirb the.
feelings of the oppofite counfel. Fre
quent as had been the occafions when he
was prompted fo imitate their example :
he had carefully avoided profiting by the
opportunity; unlets -on one occafion
when he had been forced to retaliate the
attack. He ihould. not, however, al
ways puif ue this courfe, if forne of the
oppofite couni'tl -fhould ftill perhft in
difrej.;ardiiig the admonitions of the
collrN. " He Ihould attempt to retort with
the force which fuch attacks deferv:d in
every rafe, and more efpecially in cafesx.
of this defcription. He declared before
that court, j3cfori. that people, and be-.
fore the Cod pf his being, that he had
never felt the, in human wifii of demand
ing 1 he blood of the prifoiir:r.; or any
human being. 'I hat tfjan was a'ftranger
to him, who fliould attribute to him
fuch a 'ciifpouTt'ion. lie wiflied the p.ri
fbner fo have sn' impartial Jury ;' and if
there was a fmgle one among Lhoe let
over,Who was notimparfiaf, wh: was
not capable of palling between the U.r
jat and AaronBurr, he rcqucfted the
F court' to reitct "him. 'As to the princi
ples" Hated by nlr. Martin, he 'did hot 4
ri il-Knr:sftfh htm m f-K.tr nnnljcTi.in tn
- et : 4t would be eVouRli if t hey had con
caved iXxxiA hefe pnrpof es were danger
oui; 'ib&aufeJt isjhe eourt, w hlctiis ro
gi v e a nam e fo lb efe cti m es. Ca : 1 1 h en
a man, -Swhcf; mincl is impretFed . with .
' an opinioirof certain practices danger-
dn3 fo;the union, be looked upoh as an
impartial juryman ? His mind is already j
ha f maifelin : 'and that ha F.is Derhaos
t the nioi! materiaiparf. The acts themt.
A icjyii as pomo.'ev n i :,-: wii;-r xne nicentiyns-j-so ooars auenjoieu-
scnrjuirv
1: I'l - ' t ' ' 1 :--4i
' , "L' r , l' u J ! r ' t 1 s. 1 im po ill ti i e
aiT:.4.m CO ner Lirh rrr, Infi'tr.v
diliered Wm him m their application to
the "prefentcafehiehyof thefe 1 jury--men.f1a3:
inforih.ed the court, that he has
n ijl-will a;;ainlt A. B ? a perforial pre,v
judice? and tiiatLOTi:rhe queffionJ of trea
fohihe h.a.a..bias-gmhft httVi.'?ins true,1
at li! anna natiet s 1 11 a nil,
AOliiiCilivu h lints
arid "their
hirmlefsj.
no evHenceon -.nicn they carr-tqrm any '
opinions as 'to the queltion of actual
trealon. And as to thefe intentions,
they may have related, to 'other, acts, .
than thofeH:h3eti'n'th2.-in"did
' aits done wifhout the diftrict ;"which,
ar riot now tjefore Jhiscourtl '-Jlhei
cti (tin i 0 a vjbu c ft h er ha v cjd r a wnbe
jween intentions and acts is perfectly .
clear and rational. "1 hefe 1 jurymen
prove that they; have adverted to thisV
1 l C . " 1. . r .1 - . 1
oiumci on, necauie rney qcote me qpi-
nioii or one of the judges nov on the ;
"pench, who has fox maj Iy adopted iki:
And if this impaitiality does njeCide-'1"'-in
il.e bofcm of the jik ge, what reafen . '
is there to aicrifce I els of it to the minds
of the jurors r r ' ' ; ? x . : . -Mr.
Hay admitted: f hat the prifoner
was er.tiflfd to an irhpriTtia! jury ; but
the queffion war who was an impartiar .'3
juryman ? lie mufF be ere, laid Mr. kS?
May, that paitakfs ofthe common fen ;5
timtnts of the majority of the people a-
mong whimi he rtfdcs. Will the court , . '
undertake to fay, that the majority of A::
this dillrict is incapable of judging pro- .
pcr'y? If fohe would unite with Mr.
MaiJUJiiii faying, that it was a libel on r
ihe (Sate ; and the majority v. ould very
truly return the compliment, by laying,- ' ;
you alcre who brand u with this cen. ,
fune prove by ths very act the prejudices
with which you youifelf are actuated.
The oppofite counfel have fpoken of
news-paper publications. He. would
venture to fiy that there is riot a man of
however remote a firuation, or of lupine
a difpofition, wl'io has not received fome
imprtflions on this fufject. 7 hefe im-'
prtfli'ons were frjken up without any fen
tnrent of ill-wiil to the accufed; cr
without even ki.owing him. Is itea,
fonable then to pronounce, thatrji'lth
thefe imprefliohs the majority is iniapa
b'e of deciding fairly ? 1 here may per
chance be fome one ignorant man who
has received no imprrfiions on this fub
ject, fome folitary hermit that is fliut up.
in 1 he hollow of a tree; fome human '
being cut onfrom ah human concerns ;
into whofe folitary bofom the hifloryof
ttVfe trai;f'6f ir ns has never yet penetrat
ed: but fuch is nr t the piclureof the
world at 'large. Our fociety is divided
into two great parties; he knew that
thefe two were not to a man united en
tfis pccaficn ; but he knew too that
there was riot a man among them, who '
had not taken his fide,' one way or die
other. Some authorities had been cid
Jrcjbi Reeves and McNally they did
not bear upon this cafe 5 but he fhou'd
cite two others which did. Ihe lirft
vas the cau- of Cal lender, where it was
fuppoled fufiicicnt to a fk the juryman,
whether he had formed and delivered an
op!nin rn the point at iflue. 'Ihe ci
ther was from 2 Hawkins, ch 48, p.
418 fiii. the fuhjfct of challenges, where
Tt is .faid to be no good 'can fe of chal
lenge, that a man is a juryman on an in
dictment firnibr to thar on which he has
already found a verdict. Mr. Flay com
mented upon thele authorities at confi
dcrable lergth. - .
latest'proceedings.
Saturpay, A-uguft 1 j. '
Itis proper to obietve thai; on ThurfJay thrtc
of ide jury, ho had ten fun.moncd on the
J'i-cpnd Vtrrire, wic difcliargcd by the c urt, v 2--general
Pegrm, be- aiife. lie, as then eujged"
in, military bufinefs ; Mr; Lewi;, Eecaule lie
owced no freehold in the (laie ot .Virginia ; nd
Mr- William Moncure of this cityv on arccunt
of his indifpofition It ur.s urderfiocd before
the f ifing of xhf '.court that the matiTuI ,w?.s to
f immon three fuh-i'liifltes, ahu that' the. prifoner
. wou'd -accf'putrov ''. '0"f -cuffe the Vepire
which wis thisvd?y..'brcupLi in.o conit, wis com-
p ete, acid frrl.tkd of 48. -
fii'tjamn Tale Was excufed from Icrvirg, oa
account ot hisjniiifpofiiion. .
Henry Rand'jtyb wjfhedto bqJdifi.'hargeiJ pe
xaufi he wss engaged in colieclirig die pjfic
tYeveTOe-fT1 Thevt:ourt wcu:d not however admit
, thl validity of the excufe. ; r . . , '
; The Venire was then cali'sjl ever, in the Fol
lowing order :. ; - " ' '-' ' '' ' ". . v. , v ' r -I
Jacob M ichau s, Pownatsn , w iiihm Ran
dolpK, Sarry, -John Edrtrjnd.v tuiii-x George
- MingevClurles City, AViMi-ani Morton Char,.
! lotte:Cliriftop!ier.Anthoyrv.diiaod, John .
Darricot. HanoVer, -WafhiDgton-1 hieharty Leu- .
ifa. Martin Smith, JEYince Edward, Deniamia
vTate, City, of Ri?t.Tod, Chriftcpher'Tothp-.
kins, do. Benjamuj irancti, Uindwiddt, )o$.
his intentions ;,but- tfier ha,eTCirecl:l :!t2 t
RlcTmood, Gibiiet'Raiuon do. kwah vis,
Bedford, Reuben Blakey, Henrico, ftlilfs Sef
deiti Suffcx. AVaUer Blent,-' do- Ricbrd7NZ
ThweattC 'Pcterfbir, John FitzgcraMr Notto
way, llcbert,M'Ivim, City o R:chrod, Ben-,
jarnin Graves, ChefterSeld, WnvZM'Kim .; City .
0 f Ric h mond,-Iit)her H vdt r 4 r-Thoniaa-H-
Iltnry Randolph, do. jSWti Bolt, dor-fieci
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